Sean Marotta
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Sean Marotta
@smmarotta.bsky.social
Partner with Hogan Lovells's Appellate and Administrative Litigation groups. Banner image by Art Lien. My GC wants you to know that my postings are my own and do not necessarily represent the views or positions of Hogan Lovells, clients, or personnel.
This is bonkers, but if we can somehow get Patriotic Americans to become certified air traffic controllers instead of CBP agents, I'll take it.
Completely normal
November 10, 2025 at 4:02 PM
Reposted by Sean Marotta
This is not a surprise to anyone who was closely following this case. It *ought* to be, however, a moment to reflect upon the responsibility (or not) of media outlets that, deliberately or not, led folks to believe that a grant was a serious possibility (which it never was).
November 10, 2025 at 2:34 PM
Vaguely amused that the SG cited Politico rather than, I don't know, the Congressional record or some primary source.
UPDATE: Trump administration confirms it continues to seek a stay to deny full food stamp benefits but says the application may soon be mooted when the government reopens
November 10, 2025 at 3:40 PM
Under the current Administration's view of the First Amendment, protestors are entitled to approach ICE agents and engage in sidewalk counseling without buffer zones.
November 8, 2025 at 2:24 PM
Morning meetings.
November 8, 2025 at 1:15 PM
I don't think anything in this memo is wrong, by would the court ask prosecutors to advise on this instead of, I don't know, have the many law clerks that work for them research it?
Federal judges can compel lawyers to represent defendants without pay, California prosecutors advise @nateraymond.bsky.social reut.rs/47EXA37
reut.rs
November 8, 2025 at 2:14 AM
Reposted by Sean Marotta
This may be the greatest grouping of nominees in a single category in Grammys history: for Best Audio Book, Narration, and Storytelling Recording, the nominees include the Hon. Ketanji Brown Jackson, the Dalai Lama, Trevor Noah, and one of the dudes from Milli Vanilli.
November 7, 2025 at 5:27 PM
If the 2025 elections showed anything, it's that my long held views on politics are the correct ones.
November 6, 2025 at 4:57 AM
Appreciate even BK admitting that "it's not a donut hone; it's a different kind of pastry" is a good zinger.

#SCOTUSLive
November 5, 2025 at 5:25 PM
One thing I appreciate is that BK at oral argument tells you exactly what he's thinking and is concerned about.
November 5, 2025 at 4:31 PM
Sauer's sheer VOLUME of words is so ineffective. I have no idea what his answer is to any given question.

#SCOTUSLive
November 5, 2025 at 4:12 PM
Reposted by Sean Marotta
Sarah Harrington is a great example of the better approach.
General advice for oral advocates (not only Sauer): The goal is not to win debaters' points or to stuff in as many answers as you can before an interjection--it's to have the sort of conversation you would have with a trusted, wise friend or colleague if you were actually trying to convince them.[7]
November 5, 2025 at 4:09 PM
"We're in emergencies everything all the time for half the world" is Peak Kagan and so true about how Administrations use emergency powers.
November 5, 2025 at 3:54 PM
Slow.

Down.
General advice for oral advocates (not only Sauer): The goal is not to win debaters' points or to stuff in as many answers as you can before an interjection--it's to have the sort of conversation you would have with a trusted, wise friend or colleague if you were actually trying to convince them.[7]
November 5, 2025 at 3:52 PM
"These are regulatory tariffs that it would be better if no one paid them" legal position is a little bit at odds with the "tariffs will pay for everything" position we're hearing from the Administration.

#SCOTUSLive
November 5, 2025 at 3:13 PM
Reposted by Sean Marotta
All eyes are on #SCOTUS this morning because of this week's sole relist: Whether federal law pre-empts state laws allowing absentee ballots cast before election day to be received for a few days after it. This strikes me as a likely Friday/Monday grant.

www.scotusblog.com/2025/11/the-...
The meaning of “election day”
The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court is meeting in […]
www.scotusblog.com
November 5, 2025 at 2:04 PM
I asked Jones at an event what the role of his Solicitor General's office is going to be. He says he gets a lot of questions about that (when he really wants to focus on the Civil Rights Division), which I chalk up as a victory to the Appellate Nerds.
Note two important things here:

Jones defeated an incumbent, AG Jason Miyares.

And, this means one less key AG siding with Trump — and another AG and AG's Office that will be litigating against Trump.
JUST IN: And, a closer race, but a huge result: Decision Desk HQ has called Virginia AG for Jones, the Democrat. election-night.decisiondeskhq.com/date/2025-11...
November 5, 2025 at 2:02 AM
It's one thing when people I went to law school with become federal judges, but they just elected an associate at my firm as Virginia Attorney General.
JUST IN: And, a closer race, but a huge result: Decision Desk HQ has called Virginia AG for Jones, the Democrat. election-night.decisiondeskhq.com/date/2025-11...
November 5, 2025 at 1:49 AM
I know many States do it, but I still cannot quite grasp electing a State's Attorney General separate from its Governor.
November 5, 2025 at 1:16 AM
Reposted by Sean Marotta
NEW: Dick Cheney, who died Monday, was an early GOP voice for treating same-sex couples fairly.

"Freedom means freedom for everybody," Cheney said at the 2000 vice presidential debate. It doesn't change his legacy, but it is something we should remember today.

This evening, at Law Dork:
Dick Cheney, who died Monday, was an early GOP voice for treating same-sex couples fairly
"Freedom means freedom for everybody," Cheney said at the 2000 vice presidential debate. It doesn't change his legacy, but it is something we should remember today.
www.lawdork.com
November 4, 2025 at 11:03 PM
My younger friends don't believe me when I say that Dick Cheney was better on gay rights than the current Vice President and once smacked down the Democratic nominee for Vice President in a debate for trying to scaremonger about Cheney's position on gay rights.
November 4, 2025 at 5:49 PM
So, uh, the AUSA is an elementary school assistant principal?
Back for Day 2 of Sandwich Guy’s trial. In government opening statement: “This case is about the fact that you can’t go around throwing stuff at people when you’re mad.”
November 4, 2025 at 3:49 PM
Got the sticker.
November 4, 2025 at 2:22 PM
The United States Court of Appeals for the Second Circuit.

#AppellatePlaces
November 3, 2025 at 5:01 PM